Item #01 Memorandum of Understanding Between City of Ocoee and City of Maitland
AGENDA ITEM COVER SHEET
Meeting Date: September 23, 2009
Item # 1.
Contact Name:
Contact Number:
C. Brown
X 3021
Reviewed By:
Department Director: C. Brown
City Manager: R. Frank
u
(:!J
Subject: Memorandum of Understanding between the City ofOcoee and the City of Maitland
Background Summary:
The City of Ocoee has entered into an Interlocal Agreement with the City of Apopka for the City of Apopka to
provide police dispatching services for the Ocoee Police Department from the Apopka Communications Center.
The City of Maitland has also entered into a similar agreement with the City of Apopka. Based on Motorola's
recommendation and to help with the transition, Ocoee desires to use the Maitland Central Electronics Bank
(CEB) by adding Ocoee's two Base Interface Modules (BIMS) and two Centracom Operator Interface Modules
(COIM) to the Maitland CEB on a temporary basis until Ocoee's CEB can be connected to the Apopka
Communications Center permanently.
Issue:
Should the Honorable Mayor and Board of City Commissioners enter into a Memorandum of Understanding
between the City of Ocoee and the City of Maitland in regards to the temporary use of the Maitland
Computerized Electronics Bank?
Recommendations
It is recommended that the Honorable Mayor and Board of City Commissioners enter into a Memorandum of
Understanding between the City of Ocoee and the City of Maitland in regards to the temporary use of the
Maitland Computerized Electronics Bank.
Attachments:
Memorandum of Understanding between the City ofOcoee and the City of Maitland
Letter from Motorola
Financial Impact:
N/A
Type of Item: (please mark with an "x'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
x Commission Approval
Discussion & Direction
For Clerk's Deot Use:
_____ Consent Agenda
_____ Public Hearing
Regular Agenda
x Original Document/Contract Attached for Execution by City Clerk
- Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
Drafted by Foley and Lardner
N/A
N/A
N/A
City Manager
Robert Frank
Commissioners
Gary Hood. District I
Rosemary Wilsen. District 2
Rusty Johnson. District 3
Joel Keller. District 4
Mavor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mavor and City Commissioners
FROM:
Charles J. Brown, Chief of Police
DATE:
September 23,2009
RE:
Memorandum of Understanding between the City ofOcoee and the City of Maitland
ISSUE:
Should the Honorable Mayor and Board of City Commissioners enter into a Memorandum of Understanding
between the City of Ocoee and the City of Maitland in regards to the temporary use of the Maitland
Computerized Electronics Bank?
BACKGROUNDIDISCUSSION:
The City of Ocoee has entered into an Interlocal Agreement with the City of Apopka for the City of Apopka to
provide police dispatching services for the Ocoee Police Department from the Apopka Communications Center.
The City of Maitland has also entered into a similar agreement with the City of Apopka. Based on Motorola's
recommendation and to help with the transition, Ocoee desires to use the Maitland Central Electronics Bank
(CEB) by adding Ocoee's two Base Interface Modules (BIMS) and two Centracom Operator Interface Modules
(COIM) to the Maitland CEB on a temporary basis until Ocoee's CEB can be connected to the Apopka
Communications Center permanently. This Memorandum of Understanding was drafted by Foley and Lardner
based upon input by police department command staff.
I
MEMORANDUM OF UNDERSTANDING
between
CITY OF OCOEE, FLORIDA
and
CITY OF MAITLAND, FLORIDA
WHEREAS, the City of Ocoee ("Ocoee") has entered into an Interlocal Agreement with
the City of Apopka ("Apopka") (the "Ocoee/ Apopka Interlocal AgreeIllt;:l1t") pursuant to which
Apopka provides police dispatching services for the Ocoee Police Department from the Apopka
Communications Center.
WHEREAS, the City of Maitland has also entered itl~o anlnterlocalAgreement with
Apopka (the "MaitlandlApopka Interlocal Agreement") pursuant to which Awpka provides
police dispatching services for the Maitland Police Depiii1:ment from the Apopka
Communications Center.
WHEREAS, in connection with the MaitlandlApop~lnterlocal Agreement, Maitland
has located its Central Electronics Bank (the "Maitland CEB~ratthe Apopka Communications
Center.
WHEREAS, in connection with the implementation of the Ocoee/ Apopka Interlocal
Agreement, Ocoee desires to use the Maitland~EBon a tem,p6rary basis by adding its two Base
Interface Modules (BIMS) andtwo Centracom Qperator Interface Modules (COIM) to the
Maitland CEB on a temporary basis until Ocoee'sCentral Electronics Bank can be connected to
the Apopka Communications Center.
WHEREAS, Maitlandl1as a ma.intenance agreement with Motorola for the Maitland
CEB.
WHEREAS, Motorola has recommended to Ocoee that it use the Maitland CEB on a
temporary basis and has provided Maitland with a letter dated September 15, 2009 in connection
therewith, a copy of said letter being attached hereto as Exhibit "A".
WHEREAStMaittand is willing to allow Ocoee to utilize the Maitland CEB as aforesaid
on a temporary basis.
NOW, THEREFORE, OCOEE AND MAITLAND HEREBY ENTERED INTO THIS
MEMORANDUM OF UNDERSTANDING ("MOU") AND AGREE AS FOLLOWS:
1.
reference.
The recitals set forth above are true and correct and are incorporated herein by
ORLA_1415051.1
2. Maitland agrees:
a. At no cost or expense to Maitland, to allow Ocoee to temporarily add its 2
BIM and 2 COIM boards to the Maitland CEB located at the Apopka Communications Center
and to allow Ocoee to utilize the Maitland CEB during the term of this MOU for the purposes set
forth herein.
b. To first look to its maintenance agreement with M()torola for any
maintenance or repairs or other actions which may be required as a resulfofOcoee's use of the
Maitland CEB pursuant to this MOU.
3. Ocoee agrees:
a. At Ocoee's sole cost and expense, to temporarily add its2..:BIM and 2
COIM boards to the Maitland CEB located at the Apopka Communications Center.
b. To at all times keep in place a maintena.nce a.greement with Motorola for
its 2 BIM and 2 COIM boards being installed in the Maitland.CEB.
c. To assume responsibilitYa.nd liability for any damage which maybe done
to the Maitland CEB as a result ofOcoee's~x:ercise()fits rights under this MOU; provided,
however, that Ocoee may first look to Motorola to repaira.nY slIgh damage under either the
Maitland maintenance agreement or the Ocoeenulintenanceagreement, whichever my be
applicable.
d. Tothe exterlJpermitted by law and without waiving sovereign immunity,
Ocoee shall indemnify arldhQld h(l.l111l~ss the Maitland from any and all claims or litigation
arising out of the exercise by<(j)goee<oritsrigl1~sunder this MOU. This includes, but is not
limited to, paYIIl~llfo~~y andijLdamages and reimbursement for attorney's fees and costs
incurred by Maitland aSl;lr~sult of~uch claims or litigation.
e. To esta1:Jlish an independent connection and remove all ofOcoee's
equipment from the MaitlandCEB within 120 days from the date of the installation of its 2 BIM
and 2 COIM boards.
4. ThisM(j)U may be cancelled by either party on 30 days' notice to the other party.
Otherwise, this MOUshall terminate when Ocoee gives written notice to Maitland that it is no
longer using the Maitland CEB.
2
ORLA_1415051.1
AGREED AND ACCEPTED:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Date:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
September, 2009.
FOLEY & LARDNER LLP
By:
City
CITY OF MAITLAND,
By:
Title:
Date:
ORLA_1415051.1
ATTEST:
Beth Eiken~rry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
llEJ..Q ON ,2009
UNDERAGENDA ITEM NO.
3
EXHIBIT "A"
MOTOROLA LETTER
4
ORLA_1415051.1
. MOTOROLA
Address Reply To:
1064 Greenwood Blvd.
Suite 400
Lake Mary, FL 32746
(407) 562-3974
(407) 562-3965 Fax
September IS, 2009
Maitland Police Department
Attention: Chief Doug Ball
1776 Independence Lane
Maitland, Florida 32751
Chief Ball:
This letter is a follow up to the conversation we had on September 7th regarding the City of
Ocoee sharing the City of Maitland's Central Electronics Bank (CEB). The CEB is the
audio switch that permits two way conversations from dispatchers to units in the field.
The Maitland CEB is located at the Apopka dispatch center. The CEB has the capacity to
add Ocoee's (2) Base Interface Modules (BIMS) and (2) Centracom Operator Interface
Module (COIM). The Ocoee BIMS and COIM boards should not effect the operation of
the Maitland dispatch system. The systems will operate just as they do now, independent of
each other.
The Maitland CEB is currently under a Motorola maintenance agreement. Routine
maintenance is covered by Maitland's MA agreement. The City ofOcoee should provide a
maintenance agreement for their 2 BIMS and 2 COIM boards. Any normal maintenance
(excluding lightning, water damage, ect.) would be covered by the Ocoee maintenance
agreement. .
Thank you for your time and consideration in this matter. If you have additional questions,
please call me at 407-448-7030.
Sincerely,
Lenny Smith
Southern Division
789 International Parkway, Sunrise, FL 33325